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Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

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Igor Ellyn,

416-540-6611  |  416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

Case #044E – Ernst & Young Inc. v. Aquino

ONTARIO - In a claim by a trustee under s.96 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (“BIA”) to recover the fruits of fraud committed by corporate officers before bankruptcy, the common law doctrine of corporate attribution was inapplicable, and the fruits of the fraud were disgorged from the fraudsters.
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Case #043E – Akelius Canada Ltd. v. 2436196 Ontario Inc.

ONTARIO - Where an innocent purchaser claims damages for the vendor’s breach of a real estate transaction, damages are limited to the actual loss suffered by the purchaser. In the absence of evidence of mitigation, the loss is limited to costs thrown away. The innocent purchaser is not entitled to recover as damages the profit subsequently earned by the breaching vendor on the resale of the property.
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Case #042E – PCL Constructors v. Johnson Controls

ONTARIO - An arbitration clause implicitly includes the power to award damages unless a contrary intention appears. A commercially unreasonable interpretation of the arbitration clause will not oust the arbitrator’s jurisdiction. Where an arbitration agreement provides that all disputes are subject to arbitration, correctable procedural irregularities do not oust the arbitrator’s jurisdiction.
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Case #041D – Royal Bank of Canada v. Mundo Media Ltd.

ONTARIO - Court appointed receiver not bound by contractual arbitration agreement requiring the Receiver to arbitrate in New York as such a requirement would be unfair to the debtor’s creditors and inconsistent with the Bankruptcy & Insolvency Act.
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